Local citizens group Don't Big Box Boulder tried to enlist the help of Rite Aid in a movement to block Walmart from opening a grocery store at Diagonal Plaza.

Rite Aid, however, does not appear to be game.

Don't Big Box Boulder representatives contacted officials for Rite Aid, which operates a pharmacy at Diagonal Plaza, to provide information "that may be significantly useful to (Rite Aid) in protecting (its) market share at the Diagonal Plaza," according to documentation provided to the Camera.

The correspondence to Rite Aid included a "Declaration of Covenants and Encumbrances for Diagonal Plaza" signed in 1969 by Albertson's, property owner Robert H. Smellage Jr. and discount retailer Greeley Gibson Products.

The contract outlined restrictions on uses for certain parcels of the shopping center -- such as not allowing a theater, bowling alley or skating rink within 150 feet of the Albertson's and not allowing a "full line discount department store" if another discount store is in operation.

"The Restrictive Covenants are potentially useful to your Rite Aid store at the subject site, because your store meets the definition of 'full line discount department store,'" Don't Big Box Boulder officials wrote in a Feb. 4 letter to Rite Aid officials. "Furthermore, when the restrictive covenants are triggered, it appears that only Rite Aid would currently have standing to pursue enforcement of the restrictive covenants which run with the land, because only Rite Aid (has) a title interest in the land protected by the restrictive covenants."

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David Lassio, a representative of Don't Big Box Boulder, said he and attorneys representing the citizens group believe the covenants would give Rite Aid legal standing to block the arrival of Walmart's store.

Lassio is a meat cutter for King Soopers in Boulder but said he worries about Walmart's arrival because of broader concerns that Walmart will pay lower wages, and how that might affect other businesses and workers in the community.

"I would like (Rite Aid) to step up, so to speak, and become the white knight in shining armor in this community," he said.

When contacted by the Camera, officials for the Camp Hill, Pa.-based pharmacy chain said they have not moved forward on any such effort.

"We are aware of the proposed Walmart and have evaluated the situation, but we are not pursuing any action at this time," Ashley Flower, Rite Aid's senior manager of public relations, said in an email.

Construction is under way for the 52,000-square-foot Walmart Neighborhood Market at 3303 30th St., and the store is on track to open later this year, Walmart officials said in an emailed statement.

"The store is projected to open in late 2013 and will feature a full supermarket line of fresh groceries," including meat and dairy, dry goods, staples and frozen foods, Walmart spokeswoman Delia Garcia said. "We look forward to serving our Boulder customers and providing a convenient location for their grocery needs."

Walmart has not been contacted by Don't Big Box Boulder or Rite Aid, Garcia said.

The city of Boulder, not being a party to the covenant agreement, cannot enforce any of the restrictions in the document, said Mike Banuelos, a city spokesman.

The proposal for a grocery store at 3303 30th St. is compliant with all of the city's zoning and building code regulations, he said.

Don't Big Box Boulder's Lassio said the group was awaiting response from Rite Aid but planned to confer with other representatives of the citizens organization to determine their next steps in trying to prevent Walmart's opening.

"My interest in this is for the people of the community," Lassio said. "How is this going to impact us here in Boulder? We know there are certain things that Walmart does wherever they go; a lot of small businesses and not-so-small businesses go out of business."

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